Hon. Jack Komar (Ret.) has extensive experience with all types of employment cases acquired as a JAMS neutral and during more than 24 years of service on the Santa Clara County Superior Court bench. Judge Komar initiated a voluntary mediation program for all unlimited civil cases upon stipulation of the parties, focused on settling cases before large sums are expended on discovery and law and motion. His expertise allows him to settle matters efficiently and fairly.
He is highly regarded by counsel for his objectivity as well as his skills in managing multi-party complex litigation. Judge Komar has substantial experience with various areas of employment law including, wage & hour disputes, employee raiding, contract disputes, as well as employment class actions.
- Case involving solicitation of employees, inducement of breach of contract and the alleged misuse of trade secret information
- Matters involving the interpretation of contract stock options
- Class action cases involving a myriad of causes of action, including actions alleging that employer reimbursement of advanced commissions were unlawful
- Actions involving tip sharing mandates by employers and proper allocations of tips
- Actions alleging that certain Labor Code provisions created private causes of action
- Actions alleging that sabbatical policies create a vested right when an employee terminates before meeting the time in service requirements; actions contending that a sabbatical was actually a disguised vacation structure
- Actions claiming that employees are entitled to compensation for time spent changing into uniforms; actions challenging exempt status of some managers and assistant managers in connection with lunch, rest break, and overtime requirements
- Actions challenging certain engineers were exempt from wage-and-hour protections based on either the professional or the administrative exemption
- Actions challenging whether technical writers are exempt employees, inter alia
- Defamation action against former employees by former managers of a national corporation and the corporation itself
- ERISA preemption arbitration with a national company